HomeMy WebLinkAbout05-16-1979156
Wednesday, May 16, 1979 7:00 P.M. Pg.1
PUBLIC HEARING
AGED EXEMPTIONS
A public hea_-ing was called to order at 7:00 P.M.
by Sapervisor Nadolski.
The Town Clerk read the Legal Notice which is as
follows:
NOTICE IS HEREBY GIVEN that a. public hearing will be
held by the Town.Board of the Town of Cortlandville,
Cortland County,New York, at the Town Hall, 15 Terrace
Road in the Town of Cortlandville on May 16, 1979, at
7:00 o'clock P.M., in the matter of the adoption of a
resolution exempting from taxation of real property
owned by persons sixty-five (65) years of age or over
whose income or combined income for the income tax year
immediately preceding the date of application does not
exceed $7,200.00, to the extent of fifty-percentum (50%)
of the assessed valuation thereof upon all future
assessment rolls of the Town of:Cortlandville pursuant to
the provision of Section 467 of the Real Property Tax Law.
All parties in interest and citizens will be heard at
the public hearing to be held as aforesaid.
Dated: May 3, 1979
Assessor Wells recommended that the Town Board
move to accept the suggested increase.
There were no comments from those in attendance.
Councilman Pierce made a notion that the public
hearing be closed. Councilman Miller seconded the motion.
All voting: AYE Motion carried.
The hearing was closed at 7:08 P.M.
Respectfully submitted,
Pauline H..Parker
Town Clerk
1
1
•
H
Wednesday May 16, 1979 7:15 P.M. page 1 157
PUBLIC HEARING
DISCONTINUE 10% DISCOUNT - SEWER DISTRICT # 1
A public hearing was called to order at 7:15 P.M.
by Supervisor Nadolski.
The Town Clerk read the Legal Notice which is as
follows:
NOTICE IS HEREBY GIVEN that a public hearing will
be held by the Town Board of the Town of Cortlandville
Cortland County, New York, at the Town,Hall, 15 Terrace
® Road inthe Town of Cortlandville on May 16, 1979, at
7:15 o'clock P.M., in the matter ofthe adoption of
an ordinance repealing that portion of Section 3 of
"an ordinance establishing and imposing sewer rents
in the Town of Cortlandville,Sewer District No. 1"
which provides as follows: "A discount of 10% of
the amount due shall be given for payment thereof
within such period."
All perties in interest and citizens will be heard
at the public hearing to be held as aforsaid.
Dated May 4, 1979
Supervisor Nadolski stated of our desire to remove
the 10% discount. This has been allowed in the past to
those who paid their sewer rent within the first 10 days.
Councilman Thorpe explained that it was the consensus
of the Town Board at the last board meeting, that the
discount was unfair. Providing sewers is a -town service,
not a business. Therefore, a business like discount
should not be allowed. Those using the service should
pay for the service. This prevents those not using the
service from paying extra.
There were no comments from those in attendance.
Councilman Pierce made a motion to adjourn the Public
Hearing. Councilman Thorpe seconded the motion. All
voting: AYE. Motion carried.
The hearing was closed at 7'e21 P.M.
Res ectfully submitted
Pauline H. Parker
Town Clerk
1
15R Wednesday, May 16, 1979 7:00 P.M. page 1
SPECIAL MEETING
A special. meeting of the Town Board was held on
Wednesday, May 16, 1979, 15 Terrace Road -,.Cortland, NY.
Board members present were: Superviear, Nadolski;
Councilman Miller; Councilman Manning; Councilman Pierce;
and Councilman Thorpe. Others present were Attorney,
John Folmer; Town Clerk Pauline Parker; Deputy Clerk,
Bonnie Call; General Clerk, Edna Puzo; Justice, Donald
Eaton; Engineer, Charles Feizli; Water & Sewer Supt.,
Fred Walker; Zoning .Enforcement Officer, Don Fowler;
Assessor Robert Wells; Legislator, Del Palm; News -
reporter, Paul LaDolce and Town Residents.
Supervisor Nadolski called the meeting to order at
7:00 P.M. The public hearing was held regarding Aged
Exemption. Refer to page #156.
Supervisor Nadolski introduced Charles Feiszli, the
Town Engineer recently hired.
We have received a telephone call from Southern Tier
East Regional Planning and Development Board. The total
amount of our application for funding to ARC was thought
funding to to be high. In the application we are applying for 80%
ARC grant and 20% loan. If the total project cost is less .
than what we show in the application, they would hold us
to the local share or loan amount shown. They would
only make up the difference with grant money.
We are attempting to refine our estimate. We need
to contact the State Department to inform them of any
change in the amount stated on the application this week.
Once they are contacted they will.forward the application
to the Federal Government for final.approval. We should
hear from the Federal Government three to four weeks
after they have received the application.
We have inquired as to E.P.A. funds. There are
none available for Cortland County until the 201 Facility
Plan is approved.
We received
a letter from Audit & Control stating
LETTER from
our application
for the formation of Sewer
District #2
Audit &
has been sent to
the Clerk of the Cortland
County
Control
Legislature. It
will be there for 15 days
to allow for
Sewer Dist.
comments.
#2
The Public
Hearing was held regarding
10% discount
on Sewer rents.
Refer to page #157.
RESOLUTION # 87 AUTHORIZATION TO INCREASE AGED EXEMPTION
ON REAL PROPERTY TAX
Motion made by Councilman Miller
Seconded by Councilman Manning
All voting: AYE ADOPTED
WHEREAS a public hearing was held by the Town Board
of the Town of Cortlandville at the Town Hall on
May 16, 1979at 7:00 P.M., in the matter of the _
adoption of a Resolution exempting real property
from taxation pursuant to the provisions of Section 467
of the Real Property Tax Law.
Res. #153 RESOLVED that Resolution # 153 of October 19, 1977
amemded is hereby amended, and be it further
1
•
•
1
Wednesday, May 16, 1979
page 2 1,
t-
E
0
fl
E
RESOLVED that the Assessor of the Town of Cortlandville
shall exempt from taxation real property owned by
persons sixty-five (65) years of age or over, whose .exempt from
income or combined income for the income tax period taxation
immediately preceding the date of application does Persons 65
not exceed Seven thousand, two hundred dollars or over
($7,200.00) to the extent of fifty percentum (50%)
of the -assessed valuation thereof, upon all future
Assessment Rolls of the Town of Cortlandville pursuant
to the provisions of Section 467 of the Real Property
Tax Law, and
RESOLVED that this resolution shall become effective
upon publishing and posting as required by law.
RESOLUTION # 88 AUTHORIZATION TO DISCONTINUE THE 10%
DISCOUNT FOR SEWER RENTS
Motion made by Councilman Manning
Seconded by Councilman Miller
All voting; AYE
WHEREAS a public hearing was held by the
of the Town of'Cortlandville at the Town
May 16, 1979 at 7:15 P.M. in the matter
continuation of the 10% discount of the
to the users of Sewer District #1.
discontinue
10% disc.
ADOPTED for sewer
Town Board
Hall on
of the dis-
amount charged
WHEREAS the discount was allowed to initiate prompt
payment.
BE IT RESOLVED that Section 3 of the Ordinance
Establishing and Imposing Sewer Rents in the Town
of Cortlandville, Sewer Dist. #1, which was adopted
at the meeting on October 4, 1961 is hereby amended
by deleting therefrom that portion of such ordinance
which provides as follows: " A discount of 10% of
the amount due shall be given for payment thereof
within such period. and
RESOLVED that this resolution shall become effective
upon publishing and posting as required by law.
Supervisor Nadolski apprised the Town Board that
our Sewer Ordinance reads that the Town Board cannot
mandate everyone to hook up to the sewer. They must
receive -an order from the County Health Dept. There
are several on Tompkins St. and McLean Road area still
on septic tanks.
RESOLUTION # 89 AUTHORIZATION FOR THE SUPERVISOR TO
NOTIFY THE BOARD OF HEALTH OF THOSE
.)NOT HOOKEDi : IDTT O THE T01IN SEWER
Motion made by Councilman Manning
Seconded by Councilman Pierce
All voting: AYE ADOPTED
BE IT RESOLVED that the Supervisor is hereby
authorized and direorted to notify the Cortland
County Board of Health and furnish them with the
information of those not yet connected to and -
using the Town Sewer facilites, and
notify Board
of Health
those not hook
to sewer
BE IT FURTHER RESOLVED that he request the Cortland
County Board of Health to proceed with the necessary
means to see that the connections are made and put
into use.
160 Wednesday, May 16, 1979
Page 3
RESOLUTION # 90 AUTHORIZATION TO REWRITE NEW WATER &
SEWER ORDINANCES
Motion made by Councila.man Pierce
Seconded by Councilman Thorpe
All voting: AYE ADOPTED
to rewrite new
water & sewer WHEREAS the existing ordinance for water was written
ordinance in Sept, 1957 and
WHEREAS the existing ordinance for sewer was written
in July, 1960.
BE IT RESOLVED that new ordinances be written for
the Water District and the Sewer District.
Councilman Manning requested Legislator Del Palm
to cynfer on the status of the proposed changing of the
calculating procedure of the sales tax. He stated that
there will be another meeting sometime in June.. They
have requested an expert from the state to give an opinion
of the legal status in which the City of Cortland has
stated that they would not continue with the existing
contract. At this time there appears to be a difference
of interpertation of the meaning of the contract.
There was a discussion as to who will be issuing
the new Fire Numbers or Emergency numbers to the residents
in the Town of Cortlandville.
RESOLUTION # 91
Motion made
Seconded by
All voting:
AUTHORIZATION FOR THE ZONING ENFORCEMENT
OFFICER TO ASSIGN THE EMERGENCY NUMBER
WHEN THE BUILDING PERMIT IS ISSUED
by Councilman Thorpe
Councilman Manning
AYE
WHEREAS the county fire coordinators
recenty completed an Updating Program
numbers
assign emergency Emergency Numbers and
ADOPTED
office has
of Assigned
WHEREAS all existing residences now have an assigned
number
BE IT RESOLVED that the Zoning Enforcement Officer
shall be and is hereby directed to assign the Emergency
Number at the time that a building permit is issued,
and
BE IT FURTHER RESOLVED that the Town Clerk, upon
receipt of the building permit shall contact the
fire coordinators office to advise them of the new
number assigned and also shall advise, upon request,
the Emergency Number which has been assigned to existing
residences.
The Town Board requested the news media that were
in attendance (radio & newspaper) to occasionally remind
people of the value and importance of the Emergency
Numbers and encourage the people to contact their Town
Clerks office to get their number.
RESOLUTION # 92 AUTHORIZATION TO PURCHASE MINOLTA
# 101 AND LEASE PITNEY BOWES COPY
MACHINE
Motion made by Councilman Manning
Seconded by Councilman Miller,
All voting: AYE ADOPTED
purchase Minolta BE IT RESOLVED that authorization is hereby given
# 101 and lease to pay the stated fee of $239.50 and purchase the
Pitney Bowes Minolta # 101 copy machine, and
Copy machine
1
•
•
1
Wednesday, May 16, 1979
page 4 161
BE "IT..FURTHER RESOLVED that we lease an additional
copy machine from -Pitney Bowe.a for a.one'year period,
Supervisor Nadolski apprised the Town Board that
he has met with Mr. Robert Pi-imo and discussed the road road construc
he recently .c-,ons-tructed ,at_- the end of Homestead Ave. ted at end of
Mr. Primo,,agreed- to mark the, exit.-as,�Emergency.'Only. Homestead
He also .,ill
-,blacktop this and ,will -put up -a temporary
barricade. This will be replaced'by Mr. Primo if
,necessary, at their -expense. Mr:,Nadolski,has talked with
some of the residents -on -Homestead and they.are in agreement.
A resident off' Hallstead,expressed concern about the
many housing complexus-.built in that, area. Now 500 college
students will be -housed in that area. The occupant of
these buildings show no respect to road signs etc. and
was concerned about this new"Emergency Only"road being.
used as a public highway.
RESOLUTION # 93 .`AUTHORIZATION FOR SUPERVISOR TO
REQUEST THE S14ERIFFS DEPT. TO PATROL
:HALLSTEAD AREA MORE OFTEN
Motion made by Councilman Manning
Seconded by Councilman Pierce
All voting: AYE ADOPTED patrol
Hallstead area
WHEREAS is was brought to the attention of the Town
Board of a traffic problem in the area of the many
apartment buildings.located near Hallstead Rd. and
BE IT RESOLVED that the Supervisor is hereby.authorized
and directed to write a letter to the Sheriff's
Dept. advising them of the situation and request that
they patrol the area more often. Also, would it
be possible to replace the existing Yeild sign with
a Stop sign.
RESOLUTION # 94 AUTHORIZATION TO HIRE MARCEL LEVESQUE
FOR MOWING THE LAWN AT LAMONT CIRCLE
PARK
Motion made by Councilman Manning
Seconded by Councilman Pierce mowing lawn
All voting: AYE ADOPTED at Lamont
Circle Pk.
WHEREAS Marcel Levesque is 17 years old, and has
working papers, and has applied for the job
BE IT RESOLVED that authorization is hereby given
to hire Marcel Levesque to mow the lawn at Lamont
Circle Park subject to confirmation -from the
Department of Labor regarding the lawnmower.
Supervisor Nadolski apprised the Town Board that
he has sent letters to Governor Carey, Assemblyman Riford
and Senator Lombardi in*regards to our resolution # 66
of State Mandated Programs.
Attorney Folmer advised the TownBoard of the status
of the Barker's Certiorari Proceedings. A motion was
made by Barker's Attorneys to place the matter on the status of ---
pre-trial calendar of the court. Our attorneys opposed Barker's
that motion. We have not yet had a determination of Certiorari
that motion. Proceedings
We may need to obtain an expert witness which will
be decided at a later time.
Wednesday, May 16, 1979
page 5 162'
Attorney Folmer has prepared the Certification of
Certifica.tionPermissive Referendum. The TownClerk shall sign and
of Permissivefile this with the County Clerk and with the Department
Referendum of Audit & Control.
There was a general discussion in reference as to
what we should be doing now, to be prepared to proceed
when the approval is received for Sewer District #2.
Attorney Folmer stated the general map has been done.
Once the Dept. of Audit & Control has issued its approval
for the formation of the district and we adopt the final
order, which establishes the district, that order is not
effective for 30 days after adoption. Until then, nothing
can be done . ,,
There being no further business, upon motion by
Councilman Manning, seconded by Councilman Miller, to
adjourn. All voting: AYE. Motion was carried,.
The meeting was adjourned at 8:15 P.M.
R ectifully submitted,
r
Pauline H. Parker
Town Clerk
ATTENTION:
The orginal can be found in the back of the book. Pages
were typed in reverse in error.
LI
Wednesday, May 16, 1979
page 5 1 6 1
Attorney Folmer has prepared the Certification of
Permissive Referendum. The Town Clerk shall sign'and
file this with the County Clerk and with the Department
of Audit & Control.
There was a generAI discussion in reference as to
what we should be doing now,.to be prepared to proceed
when the approval is received for Sewer District #2.
Attorney Folmer-stated-the general map,has been done.
Once the Dept. of Audit & Control has issued its approval
for the formation of the district and we adopt the final
order, which establishes the district, that order is not
effective for 30 days after adoption. Until then, nothing
can be done.
® There being no further business, upon motion by
Councilman Manning, seconded by Councilman Miller, to
adjourn. All voting: AYE,. Motion was carried.
The meeting was adjourned at 8:15 P.M.
Respectfully submitted,
Pauline H. Parker
Town Clerk.
•
162, Wednesday, May 16, 1979
page 4
BE IT FURTHER RESOLVED that we lease an additional
copy machine,from Pitney Bowes -for a one year -period,
Supervisor Nadolski apprised the Town Board that
he has met with Mr. Robert Primo and discussed the road
he recently constructed at the end of Homestead Ave.
Mr. Primo agreed to mark the exit as Emergency Only.
He also will blacktop this and will put up a temporary
barricade. This will be replaced by Mr. Primo if
necessary, at their expense. Mr. Nadolski has talked with
some of the residents on Homestead and'they are in agreement.
A resident of Hallstead expressed concern about the
many housing complexus built in that area. Now 500 college
students will be housed in that area. The occupant of
these buildings show no respect to road signs etc. and
was concerned about -this new"Emergency Only"road being
used as a public highway.
RESOLUTION # 93 AUT.HORIZATION FOR SUPERVISOR TO
REQUEST THE SHERIFFS DEPT. TO PATROL
HALLSTEAD AREA MORE OFTEN
Motion made by Councilman Manning
Seconded by Councilman Pierce
All voting: AYE ADOPTED
WHEREAS it was brought to the attention of the Town
Board of a traffic problem in the area of the many
apartment buildings located near Hallstead Rd. and
BE IT RESOLVED
and directed to
Dept. advising
they patrol the
be possible to
a Stop sign.
RESOLUTION # 94
that the Supervisor is hereby authorized
write a letter to the Sheriff's
them of the situation and request that
area more often. Also, would it
replace the existing Yeild sign with
AUTHORIZATION TO HIRE MARCEL LEVESQUE
FOR MOWING THE LAWN AT LAMONT CIRCLE
PARK
Motion made by Councilman Manning
Seconded by Councilman Pierce
All voting: AYE ADOPTED
WHEREAS Marcel Levesque is 17 years old, and has
working papers,,and has applied for the job
BE IT RESOLVED that authorization is hereby given
to here Marcel Levesque to mow the lawn at Lamont
Circle Park subject to confirmation from the
Department of Labor regarding the lawnmower.
Supervisor Nadolski apprised the Town Board that
he has sent letters to Governor Carey, Assemblyman Riford
and Senator Lombardi in regards to our resolution # 66
of State Mandated Programs.
Attorney Folmer advised the TownBoard of the status
of the Barker's Certiorari Proceedings. A motion was
made by Barker's Attorneys to place the matter on the
pre-trial calendar of the court. Our attorneys opposed
that motion. We have not yet had a determination of
that motion.
We may need to obtain an expert witness which will
be decided at a later time.
1
•
1
0
1
M
MER & F'OLMER
TORNEYS AND
'.OUNSELORS
LI1 I AVENUE
ANC. NHW VCRN
1904E
At a regular meeting of the
'Town Board of the Town of Cort
landville, Cortland County, Ne
York, held on June 6, 1979.at
7 : 30. p..m. , in the Town Hall,
.Terrace Road, Town of Cortland
ville.
Present:
Stanley Nadolski
Supervisor
Warren Manning .
Councilman
Ray E. Miller
Councilman
Mel Pierce
Councilman
Raymond..Thorpe
Councilman
In the Matter )
of )
The establishment of•a Sewer Dis-. )
tfict in the Town of Cortlandville,'')
Cortland County,' New York, pursu- )
ant to ARTICLE , 1:2 -A of the Town. )
Law. )
WHEREAS, the Town Board of the Town of.CCortlandville,'Co
County,.New_York,.•has caused a•general map, plan and report to be
prepared and filed -in the office of the Town Clerk of the Town in
relation to the proposed establishment of a sewer district in the
Town, to be known as the "McLean Road Sewer District (Sewer Dis-
trict #2)" of the Town of Cortlandville; and
WHEREAS, an order was adopted by•the Town Board on March 15,
1979.,.reciting-a description .of the boundaries of the district,
the proposed improvements, the maximum amount proposed to be ex-
AER & FOLMER
fORNEYS A'ND
OUNSELORS
:LINYON AVE—C
LAND. NCW YO01c
190.E
pended for the improvements to be provided in connection therewith
the fact that the map, plan and report had been presented to and
also were on file in the Town Clerk's office, and specifying
March 29, 1979, at 7 P.M., in Town Hall, Terrace.Road, Town of
Cortlandville, N.Y. in the.Town, as the time when and -the place
where the Town Board would meet in a public hearing to hear all
persons -interested in the creation of the district, and for any.
other action on the part -of the Town Board with relation to.the
.matter as might be required by law or proper in the circumstance.s;
and
WHEREAS,.the order was published and posted.in the manner
and within the time prescribed by Section 209-d of the Town Law.
and proof 'of the publication and posting has been presented to the
Town Board; and.
WHEREAS, the public hearing was held at the time and place
set forth in the order, and all pers.ons desiring to be heard were.
heard; and
WHEREAS, fdllow'_ng the public hearing and based upon the evi-
dence given thereat, the Town Board on April 4, 1979,.adopted a.
resolution -subject -to permissive referendum determining in the.
affirmative all of the questions set forth in subdivision 1 of
Section 209-e of the Town Law and -approving the establishment of
the district; and
WHEREAS, notice of the adoption of the resolution was publishE
and posted in the manner provided by law, and proof of the publi-
cation and posting presented Lo the Town Board; and
21
IER & FOLMER
"ORNEYS AND
OUNSELOnS.
LINTON AVENUE
,AND. NEW YORK
WHEREAS, pursuant,to the provisions of Article 7 of the
Town Law no petition was filed -with the Town.Board requesting a
referendum upon.the question of improvements proposed; and
WHEREAS, the .permission of the State Comptroller for the es-
tablishment of*the district has been received, by his.order dated_
May 29, 197.9.
NOW,THEREFORE, IT IS
ORDERED, by the Town Board of the Town of Cortlandville,
Cortland County, New York, as follows:
1. The Sewer District of the Town of Cortlandville, Cortland
County, New York, is hereby established substantially in accordance
with the aforesaid map, plan and report, and the district shall be
bounded and described as is indicated on Schedule A annexed hereto
-and incorporated herein by reference, such district to be known as -
"McLean Road Sewer District (Sewer.District #2)
2. The construction of the proposed improvements for the dis-
trict, consisting.of.a sewer system; including pipe, laterals, mi s,
pumps:,-- and also Including lands or right's in land, .original furn-
ishings, equipment,.machinery or apparatus incidental thereto,
substantially'as set forth on the map, plan and report, is hereby
authorized'at a maximum estimated cost of $646,100.00'. The method
of financing is: 8.0% of -the cost of the district will be paid
with funds granted to the Town of Cortlandville, County of
Cortland, State of New York by the Appalachian Regional Commission;
the remaining 20% of the cost thereof will be financed through
bonds issued by'the Town of Cortlanddille and purchased by the
United -States o.f America acting through the Farmer's.Home Admini-
stration for a-.term'of'thirty (30) years at the interest rate'
prevailing at time o.f.sale, said bonds'to be retired by.payments
received from the users of the sewer which is the subject matter.
of the district.
3._ The Town Clerk is.hereby authorized and directed to cause a
certified copy of this order to be recorded and filed in accordance
with the provisions of subdivision'l of Section 209-g of the Town
Law.
i
4'. This order shall take effect immediately.
The foregoing.order was.adopted by the following, roll call,
vote:
...........VOTING..AYE....................
Warren .Manning.. .......... ..VOTING..AYE................. ....
...... ...... .. ...
RaX.E:.Miller.................. VOTING..AYE....... ...
..................... VOTING..4XEr.................. I.......
Ra nondThor�e.................VOTING..AYE.......................
The order was declared adopted.